The U.S. Supreme Court agreed on Monday to weigh whether federal law prevented a customer from suing an airline for kicking him out of its frequent flyer program for allegedly complaining too frequently about the service. (www.reuters.com) Mais...

Like the court system needs to sit listening to whiners! I hope they hand his ass to him and assign costs and fees from day one to him. We really don't need to be paying to have everyone with hurt feelings clogging up a system where three year delays in important matters are common.

People, at least read the full article. The Supreme Court is in this to determine the conflict of jurisdiction between state and federal law, and whether an airline can use Federal law to preempt state contract law. The issue of jurisdiction is far broader and more important than one passenger's whine against Northwest Airlines.

This really is not a case about complaining by this passenger. It is about the ability of airlines to use the ADA as a shield against state laws that prohibit unfair business practices. The state laws are generally just codification of common law. It is the common law component that the lower Court has allowed to be tried. A trial on the merits of the case has not been heard because Delta has brought the matter to the Supremes.

Delta should be careful about pushing the ADA defense before the High Court. It could very well backfire and allow passengers more causes of action against airlines for normal industry practices like overbooking, capacity control of award travel, and administration of frequent traveler perks.

One of the reasons the airline kicked this man and his wife out of the program was his abuse of the rules concerning bumping. He would buy tickets on oversold flights he probably never intended to fly and then clamor for maximum compensation.